DAYALKHOO Vs. H.P.S.E.B.

JUDGEMENT

(1.) The applicant herein has prayed for directing the respondents to provide family pension to her since May 18, 1978 will all consequential benefits and to pay her the cost of the original application.

(2.) The case of the applicant in brief is that her husband was engaged as a Beldar by the respondents and was given employment on work charged basis on and w.e.f. August 1, 1963 and was appointed as a regular T -Mate on August 15, 1972 and he worked as such till his death on May 15, 1978. The applicant represented to the respondents to provide pension to her and provisional family pension was provided to her. However, at a later stage the same was stopped. The case of the applicant further is that the respondent are duty bound to give her family pension and denial of such pension is wrong, illegal and unconstitutional.Hence this original application.

(3.) The respondents contested the claim and filed reply. It has been claimed that pursuant to his transfer the husband of the applicant was relieved vide order dated April 22, 1974 but he did not join at the new place of posting till he was reported to have expired on May 18, 1978. The Resident Engineer Bassi was not aware of transfer/joining of the husband of the applicant till the receipt of representation. Since the case was old, therefore, with a view to avoid delay provisional pension was allowed to the applicant. At a later stage on further scrutiny the deceased was not found entitled for the pension because he was member of Contributory Provident Fund and had not opted for the Employees Family Pension Scheme as per the instructions Annexure -RA -II and had also not reimbursed to the respondents appropriate Contributory Provident Fund as per the scheme. As a result the provisional pension was stopped but other permissible monetary benefits were granted. It is also claimed that in fact the deceased had not rendered services as T -Mate w.e.f. April 22, 1974 to May, 1978. Therefore, the applicant is not entitled for the relief claimed.